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AN ACT
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relating to the posting of signs in school crossing zones regarding |
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the prohibited use of a wireless communication device while |
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operating a motor vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.425, Transportation Code, is amended |
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by amending Subsections (b-1) and (f) and adding Subsections (b-2), |
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(b-3), (b-4), and (d-1) to read as follows: |
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(b-1) Except as provided by Subsection (b-2), a [A] |
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municipality, county, or other political subdivision that enforces |
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this section shall post a sign that complies with the standards |
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described by this subsection at the entrance to each school |
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crossing zone in the municipality, county, or other political |
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subdivision. The department shall adopt standards that: |
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(1) allow for a sign required to be posted under this |
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subsection to be attached to an existing sign at a minimal cost; and |
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(2) require that a sign required to be posted under |
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this subsection inform an operator that: |
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(A) the use of a wireless communication device is |
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prohibited in the school crossing zone; and |
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(B) the operator is subject to a fine if the |
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operator uses a wireless communication device in the school |
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crossing zone. |
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(b-2) A municipality, county, or other political |
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subdivision that by ordinance or rule prohibits the use of a |
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wireless communication device while operating a motor vehicle |
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throughout the jurisdiction of the political subdivision is not |
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required to post a sign as required by Subsection (b-1) if the |
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political subdivision: |
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(1) posts signs that are located at each point at which |
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a state highway, U.S. highway, or interstate highway enters the |
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political subdivision and that state: |
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(A) that an operator is prohibited from using a |
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wireless communication device while operating a motor vehicle in |
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the political subdivision; and |
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(B) that the operator is subject to a fine if the |
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operator uses a wireless communication device while operating a |
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motor vehicle in the political subdivision; and |
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(2) subject to all applicable United States Department |
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of Transportation Federal Highway Administration rules, posts a |
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message that complies with Subdivision (1) on any dynamic message |
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sign operated by the political subdivision located on a state |
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highway, U.S. highway, or interstate highway in the political |
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subdivision. |
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(b-3) A sign posted under Subsection (b-2)(1) must be |
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readable to an operator traveling at the applicable speed limit. |
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(b-4) The political subdivision shall pay the costs |
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associated with the posting of signs under Subsection (b-2). |
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(d-1) The affirmative defense available in Subsection |
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(d)(2) is not available for an offense under Subsection (b) |
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committed in a school crossing zone located in a municipality, |
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county, or other political subdivision that is in compliance with |
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Subsection (b-2). |
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(f) Except as provided by Subsection (b-2), this [This] |
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section preempts all local ordinances, rules, or regulations that |
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are inconsistent with specific provisions of this section adopted |
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by a political subdivision of this state relating to the use of a |
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wireless communication device by the operator of a motor vehicle. |
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SECTION 2. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1899 was passed by the House on April |
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26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1899 on May 21, 2011, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1899 was passed by the Senate, with |
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amendments, on May 18, 2011, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |